University of Miami Law School Institutional Repository University of Miami Entertainment & Sports Law Review 5-1-1993 Senior Professional Baseball Association: A League of Our Own Stuart M. Pepper Follow this and additional works at: http://repository.law.miami.edu/umeslr Part of the Entertainment and Sports Law Commons Recommended Citation Stuart M. Pepper, Senior Professional Baseball Association: A League of Our Own, 10 U. Miami Ent. & Sports L. Rev. 307 (1993) Available at: http://repository.law.miami.edu/umeslr/vol10/iss1/13 This Practitioner's Note is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Entertainment & Sports Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. Pepper: Senior Professional Baseball Association: A League of Our Own PRACTITIONER'S NOTE SENIOR PROFESSIONAL BASEBALL ASSOCIATION: A LEAGUE OF OUR OWN STUART M. PEPPER* A brief biography of the author is necessary to frame the back- ground for the events that follow. I became a lawyer in 1978, and was originally licensed in Iowa, where I practiced in personal injury and criminal law. I have been a baseball player (as in real hard ball) since age nine. I played for the City College of New York as a pitcher and infielder in the Metropolitan Baseball Conference. In the early seventies I played semi-pro amateur baseball in men's leagues in New York, in Kansas City while in law school, and in Iowa for twelve years. I always pitched well, possessing good con- trol, a sneaky curve ball, and a moderately fast fast ball. I consid- ered myself a baseball player who practiced law to make a living. Baseball always came first. In 1989, James Morley, a former minor league player and then real estate developer, dreamed up the concept of the Senior Pro- fessional Baseball Association (SPBA) while vacationing in Austra- lia. The scheme was a combination of love of baseball and a plan, whereby, as commissioner and owner of a franchise, he would even- tually make between five and seven million dollars in franchise fees from other franchises as the league expanded. The basic idea was to bring out of retirement ex-major league and some ex-minor league baseball players who were still yearning to return to the diamond. The fraternity of ex-major leaguers is a close-knit group of men who are very limited in number and who all know each other. Membership in the Major League Baseball Players Association is mandatory. Morley acquired a copy of the Baseball Encyclopedia1 which contains the names of all men who ever played in the big leagues, if only for one pitch, one at bat, or * J.D., University of Missouri Kansas City Law School, 1978. 1. JOSEPH L. REICHLER, THE BASEBALL ENCYCLOPEDIA (1988). Published by Institutional Repository, 1993 1 University of Miami Entertainment & Sports Law Review, Vol. 10, Iss. 1 [1993], Art. 13 ENTERTAINMENT & SPORTS LAW REVIEW [Vol. 10:307 one game (it is surprising how many ex-major leaguers fit that cat- egory). From the Baseball Encyclopedia he was able to get the names and addresses of all ex-major leaguers who were born before a certain date so that the minimum age would be thirty-two for catchers and thirty-five for all non-catchers. He sent letters to all of these ex-players and was surprised to receive a tremendous "Yes," "Heck yeah, we'll play again if given the chance." Names such as Ferguson Jenkins, Dave Kingman, Clete Boyer, Wayne Garrett, Vida Blue, Dan Driessen, Pete LaCock, Pat Dobson, Amos Otis, among others, agreed to play or coach. Next, Morley announced the formation of franchises to sell to investors. Due to the hospitable climate and winter population of Florida, it was'chosen as the situs. Eventually, investors pur- chased franchises (with Morley getting his cut) in such Florida cit- ies as Winter Haven, West Palm Beach, Orlando, Fort Myers, and Bradenton, with Morley's franchise located in St. Petersburg. Field rentals were negotiated, usually involving major league spring training fields. Curt Flood was appointed titular commissioner, Senior Profes- sional Baseball Association baseballs were made, names for the teams were created, uniforms crafted, yearbooks printed, and sala- ries negotiated. The season would run from November through February. The maximum salary was set at fifteen thousand dollars a month, plus expenses, with average salaries running between five or ten thousand dollars a month. As one might expect, the greater salaries were used to attract the big name ex-pros. A 1.2 million dollar budget per team was expected as a minimum. What started as a crazy idea came to reality in less than a year, and the first pitch was officially thrown in November 1989.2 The new league received national publicity. Men from around the country and Latin America left jobs, family and careers for a second shot at major league baseball. Many players who had not played in several year when fall training began realized they needed to get into shape. True talent always stays with you and these men still had it. All that they needed was to sharpen their skills to bring out their exceptional abilities. I have played hard ball with many teams in many cities, and with ball players of all ages and at all levels. There is a chasm of difference between a major league player and a great amateur, or even a minor league 2. More detailed information concerning that first season may be obtained in a very interesting, informative, and entertaining book entitled Extra Innings by David Whitford, published by Harper Collins. http://repository.law.miami.edu/umeslr/vol10/iss1/13 2 Pepper: Senior Professional Baseball Association: A League of Our Own 1993] SENIOR PROFESSIONAL BASEBALL player who never made it to the major league level. There is a con- fidence, natural grace, and seeming flawlessness only the major leaguers possess. These are exceptional athletes, with tough bodies and a competitive spirit that hates nothing more than losing. They truly enjoy the physical activities associated with playing baseball. After the formation of the league, I decided to move my family and law practice to the Cape Coral/Fort Myers area in Southwest Florida (I was licensed in Florida in 1987). I had planned to move to Southwest Florida anyway, and by coincidence, my relocation to Florida was timed perfectly with the start of the 1990-1991 SPBA season. The first season wasn't exactly a financial success, but the owners and investors expected a loss into the second and third sea- sons. There was no big television contract or prominent national sponsor throwing big bucks the league's way. It had to prove itself first. Many people were skeptical of the quality of play. Indeed, with a combination of frigid night temperatures and insufficient loyal interest, the attendance figures were dismal. The owners fig- ured that to break even, a minimum average attendance was essen- tial. It never materialized. Thus, at the start of the second season several owners backed out and franchises folded. The 1990 season started with four Florida sites: St. Petersburg, Daytona, Fort My- ers, and the "traveling-only" Tropics (for whom I played). There were two western additions to the league: a team from San Ber- nandino, California, and another from Phoenix, Arizona. The league had hoped to eventually expand to the west coast. The Tropics were a traveling team with no home field because during the week before the start of the season, the West Palm franchise, which had been the Tropics, dropped out. To avoid a schedule im- balance, the league created the Tropics whose salaries were to be paid for jointly by the owners of the other five franchises: Mark Kaplan of the Sun City Rays, Phoenix; a group led by California attorney Jeffrey Raynes, for the San Bernandino Pride; Michael Graham, William Curry, and James Dean, who owned the Fort Myers Sun Sox; Jim Morley for the St. Petersburg Pelicans; and Norman Sirota for the Daytona Beach Explorers. At the start of the second season the salary cap for the five owned teams was set at ten thousand dollars per month for any one player. The maxi- mum salary for a Tropic player was set at two thousand dollars a month plus expenses. The league office was in Miami. The league had a uniform player contract; each player signed an agreement, but many were not provided with a copy of it. Many of these men had agents and Published by Institutional Repository, 1993 3 University of Miami Entertainment & Sports Law Review, Vol. 10, Iss. 1 [1993], Art. 13 ENTERTAINMENT & SPORTS LAW REVIEW [Vol. 10:307 lawyers to take care of their contracts when they played in the big leagues, but their desire to play in the new league and a lack of money prevented review by legal counsel for many players. In fact, there was no negotiating. Players had to play by the league's con- tract or not play at all. Before the start of fall training for the 1990-1991 season, some of the teams had try-outs so that they might pick up one or two players. As it was, each of the teams were overloaded with ex-ma- jor leaguers vying for spots on the team, and it would be virtually impossible for anyone aged thirty-five and over to just walk on at fall training and win a spot. Nonetheless, in October of 1990, men from all around the country responded to the Fort Myers Sun Sox national three day try-out for men over thirty-five.